I-2-7-20.Claimant Requests Additional Time to Submit Evidence After the Hearing
Last Update: 5/1/17 (Transmittal I-2-200)
A. Setting a Time Limit for Submitting Posthearing Evidence
Generally, an administrative law judge (ALJ) may decline to consider or obtain evidence that a claimant did not inform the Social Security Administration (SSA) about or submit at least five business days before the date of the scheduled hearing, unless the circumstances in 20 CFR 404.935(b) and 416.1435(b) apply (see Hearings, Appeals and Litigation Law (HALLEX) manual I-2-6-58 and I-2-6-59). For the definition of business day, see HALLEX I-2-5-1 NOTE 3.
When a claimant or appointed representative misses the five-day deadline and requests additional time to submit evidence after the hearing, the ALJ generally will evaluate whether the circumstances in 20 CFR 404.935(b) and 416.1435(b) apply using the procedures in HALLEX I-2-6-59.
In title XVI cases other than those based on an application for benefits (e.g., age 18 redeterminations, continuing disability reviews, and terminations), the ALJ will accept any evidence submitted on or before the date of the hearing decision. See 20 CFR 416.1435(c).
If the ALJ grants a claimant's or representative's request for additional time to submit evidence after the hearing, the ALJ will:
Set a time limit for submitting the evidence; and
Inform the claimant and appointed representative (if any) that if the ALJ does not receive the evidence within the set time limit, the ALJ will issue a decision without considering the evidence (absent a showing that the circumstances in 20 CFR 404.935(b) and 416.1435(b) apply).
Hearing office (HO) staff will diary the case for the time limit set by the ALJ.
B. Evidence Not Submitted
The ALJ will issue a decision without the additional evidence when:
The ALJ notified the claimant and appointed representative (if any), of the deadline for submitting the evidence as set forth in HALLEX I-2-7-20 A above; and
When these criteria are met, it is not necessary for the ALJ or designated HO staff to recontact the claimant or appointed representative (if any) before the ALJ issues the decision.
However, to document all attempts to fully and fairly develop the record, the ALJ will explain in the decision any actions taken relating to good cause statements, extensions of the time limit, and non-receipt of evidence. Documentation of attempt(s) to obtain evidence such as a letter from a medical provider that the information is not available should be entered into the claim(s) file.
Set another time limit by which the evidence must be received;
Inform the claimant and appointed representative (if any) of the revised time limit;
Remind the claimant and appointed representative (if any) that if the material is not received by that time, he or she will issue a decision without considering the evidence;
Document the revised time limit in the record.
The ALJ will use the same instructions above when a claimant or appointed representative (if any) submits subsequent requests for extensions to the time limit.
C. Receipt of Evidence
1. No Other Parties to the Hearing
When a claimant or appointed representative (if any) submits posthearing evidence and there is no other party to the hearing (as defined in HALLEX I-2-1-45), the ALJ, or HO staff under the ALJ's direction, will:
Mark the evidence as an exhibit;
Add the exhibit to the List of Exhibits under the heading “RECEIVED FROM THE CLAIMANT/REPRESENTATIVE SUBSEQUENT TO THE HEARING”; and
Place the exhibit in the claim(s) file.
2. Multiple Parties to the Hearing
If there are multiple parties to a hearing (as defined in HALLEX I-2-1-45) and evidence is submitted by one party, all other parties to the hearing have the right to review the evidence. On receipt of the information, the ALJ must proffer the evidence to the other parties to the hearing, unless the other parties have waived the right to review the evidence. See HALLEX I-2-7-1.